COLUMBIA UNIVERSITY



“ Β Γ Δ Ε Ζ Η Θ Ι Κ Λ Μ Ν Ξ Ο Π Ρ Σ Τ Υ Φ Χ Ψ Ω

Fraternity

Sorority Life

Greek Judicial Board

Handbook

2008

Office of residential programs

Fraternity & Sorority Life and Leadership Development



“ Β Γ Δ Ε Ζ Η Θ Ι Κ Λ Μ Ν Ξ Ο Π Ρ Σ Τ Υ Φ Χ Ψ Ω

I. General Information

There are three goals of the Greek Judicial Board. First the Board seeks to ensure chapters and their members adhere to the Fraternity and Sorority Expectations for Membership, Greek policies, University Policies, New York City Law, New York State Law. Second, the Board endeavors to help to resolve conflicts within the Greek community. Finally, the Board strives to improve the public image of the Greek system by promoting responsible behavior befitting Columbia University students. The purpose of the Board is to educate the Greek community regarding appropriate standards of conduct necessary for participation in the community and to promote respect among its member fraternities/sororities. The Greek Judicial System parallels the Dean’s Discipline Process.

Under the advisement of the Assistant Director for Fraternity and Sorority Life (ADFSL), the Board will participate in judicial training, review judicial activity, and resolve cases of alleged chapter misconduct. The Board will act upon reports filed by neighbors, students, faculty, administrators, night managers, advisors, and proctors concerning alleged violations of IGC, IFC, MGC, PA, Fraternity & Sorority Life, Columbia University policies, and State and City Laws. If a report alleges that a chapter has violated the University’s Recognition Policy for Fraternities and Sororities, the Office of Residential Programs-Fraternity & Sorority Life may choose to resolve the matter independent of the governing council’s process. However, as the goal of the Greek Board is for Fraternity & Sorority Life to advise a student-led adjudication of policy violations, this will only occur in special circumstances.

There is one Judicial Board designated for the Greek System. The responsibility of this Greek Judicial Board is to resolve complaints through hearings conducted in the presence of a body of peers. The Board will be composed as follows:

• The Board is chaired by the IGC Vice-President of Judicial.

• Each of the governing councils (IFC, MGC and PA) solicits a pool of members from their community to serve on the Greek Judicial Board and to resolve cases of chapter misconduct.

o Interested candidates will forward a completed application to the VP Judicial of IGC one week after elections each year.

o The IGC VP Judicial will collaborate with the Office of Judicial Affairs to conduct interviews of interested candidates and select the 6 most qualified applicants to serve on the board.

o The ADFSL may assist the InterGreek Council Vice President for Judicial Affairs in selecting Board members through application and review.

• Interested candidates must meet the following minimal standards:

o Registered Columbia University undergraduate student

o Possess a minimum 2.5 grade point average at the time of application

o Be in good disciplinary standing

o Be an initiated member of a chapter recognized by Fraternity & Sorority Life

o Be a dues-paying member of his or her chapter for at least two semesters

o Maintain regular attendance at Greek Judicial Board hearings

• Members of a chapter that is not recognized by the University are ineligible.

• The six (6) Board members are appointed to the Greek Judicial Board in the following ratio: two from men's chapters, two from women's chapters, one from co-ed chapters, and one from the MGC.

• There will be no more than one member from any fraternity/sorority on the board. The only exception is in the event the VP Judicial or Council President shares affiliation with a board member.

• A quorum for the board to conduct hearings is five (5) members. The Council President (for the affiliated chapter) may serve on the Greek Judicial Board in the event not all members are available.

• From the six members, the Board will elect a Vice-Chair .This person will act as Recorder and will keep the minutes of all meetings, which includes the findings of fact, rationale for the Board’s decision, and the outcome of the hearing. The Recorder is responsible for emailing this information to the ADFSL and the Chair within 48 hours. Also, the Recorder will update the judicial summary of the Board’s decisions on a monthly basis and forward it to the Assistant Director.

• The term of office for both the Board members and its Vice-President will be one year or until the next IGC general elections meeting. Board members may apply for reappointment. Members may be removed if they are generally not fulfilling their responsibilities; they fail to attend training; fail to attend scheduled hearings or are found in violation of University policy.

• In the event that a Board member ceases to be a registered student of Columbia University, ceases to be an initiated, undergraduate, dues paying member of his or her chapter, or if his or her chapter is placed on suspension or loses recognition, the member shall resign their Board position. The VP Judicial shall appoint qualified applicants in the event a vacancy arises.

• The Graduate Assistant for Fraternity & Sorority Life, (GAFSL), will serve as the complainant in most cases as a representative of the University. The GAFSL will be present during the hearing and deliberations.

II. Jurisdiction and Process

Together with the Office of Residential Programs-Fraternity & Sorority Life, the Multicultural Greek Council, Interfraternity Council, InterGreek Council and Panhellenic Association (MGC, IFC, IGC and PA) will have jurisdiction over all member fraternities and sororities to review allegations of organizational misconduct.

Allegations of misconduct by fraternity or sorority chapters are referred to the ADFSL, who will determine whether the matter should be referred to the Board or Office of Judicial Affairs. After the complaint is reviewed by the ADFSL and sent to the Board, the Vice-President of Judicial, in conjunction with the Board, will decide whether any additional investigation should occur before or after the initial hearing.

The Board can hear cases related to organizational responsibilities and impose sanctions on fraternity/sorority chapters as a whole. Allegations of individual misconduct will be referred to the ADFSL Life who may refer the incident to the Office of Judicial Affairs for review. The Office of Judicial Affairs will determine whether the Dean’s Discipline Process will be initiated for that/those person(s).

When an allegation has been received the ADFSL may decide the case can be resolved informally through mediation. If the ADFSL feels that a hearing is in the best interests of the Greek system or the University, the case may be referred to the Board even though the aggrieved party may not desire that formal disciplinary action be taken.

Actions by a chapter’s internal judicial body, the national/ international office or the chapter, or by the State of New York Court System will not necessarily affect the determination of whether or not a case is referred to the Board or to the Office of Judicial Affairs. The actions taken by other bodies may, however, be considered as a mitigating factor in determining how the Board will handle a particular case. No case will be heard while outside criminal proceedings are occurring.

In the event that a serious violation of one or more of the Greek policies has occurred and a possible outcome of the judicial process may be to remove the chapter’s recognition at Columbia University, the ADFSL reserves the right to involve/refer the matter to the Dean of Student Affairs or his/her designee(s).

III. Informal Resolution

In some circumstances a chapter that is accused of violating policy may be eligible for an informal resolution to the matter instead of having its case heard by the Board. The ADFSL may recommend an accused chapter participate in an information resolution. During this informal resolution the chapter president(s), the, ADFSL and possibly the Vice President for Judicial will meet to review all the information related to the incident. During this conversation the participants in the meeting will discuss whether a policy violation occurred and if so, what steps should be taken to ensure that it does not happen again. If an agreement is reached, the ADFSL and Vice President for Judicial will confirm the informal resolution in writing and provide a copy to the chapter president.

IV. Procedures

Interim Suspension

As a general rule, the status of an accused chapter will not change while a case is pending against it. However, the Assistant Director, Office of Judicial Affairs or Associate Dean of Student Affairs reserves the right to temporarily suspend activities, (including but not limited to the addition of new member and participating in social activities), of an accused chapter whenever necessary to promote the best interest of the accused chapter and the University. The Associate Dean, or his/her designee, will notify the chapter president if such action is necessary.

A. Prior to the Hearing

1. All allegations of a fraternity, sorority, or society violating policy must be made in writing and filed with the ADFSL. The ADFSL will make a preliminary investigation of the incident and forward appropriate complaints to the Board Chair who will then decide whether the complaints should be handled by the Board. When the Judicial Board is not functioning or if the Judicial Board chooses not to hear the case, the ADFSL will handle all discipline situations.

2. If an allegation is made against an organization represented on the Board, that representative will be excluded from the case.

3. If an allegation is lodged against the Vice President of Judicial or his/her organization, the Vice-Chair of the Judicial Board (secretary) will preside.

4. The Council President (for affiliated chapter) may serve on the Judicial Board in the event a representative has to excuse himself or herself for conflict of interest. The Council President may not serve on the Judicial Board if their chapter is the accused organization.

5. Quorum of five (5) Judicial Board members must be met to conduct a hearing.

6. In the event that an organization is involved in the proceedings, there shall be one designee, chosen by the organization, for purposes of addressing the Judicial Board. The Chair of the Judicial Board may allot time for purposes of consultation between the designees and other members of his/her organization at any time during a hearing.

7. Names of the accusers will be made known to the accused if the parties so desire unless there are safety concerns.

B. During the Hearing

1. Hearings of the Board are closed to all except those persons or organizations directly involved. Complainants, accused chapters, and the Board members, are the principal participants in the Greek Judicial Board proceedings. All parties are expected to maintain the confidentiality of the proceedings.

2. The Board will hear the alleged charges and all the information regarding the case. It is the responsibility of the Board to consider impartially all relevant testimony and evidence, determine the facts, and (if a violation is found) impose appropriate sanctions.

3. The Board may ask questions of either party for clarification of context, complaint, response, etc., and may call witnesses if it sees fit.

4. As the Board is not a court of law attorneys are not permitted for either party at the hearing.

5. The Board supports a self-governed student community, and as such is a student-centered judicial process. Advisors, have no standing in the Board hearings, except to provide advice to their respective parties in a quiet manner. Advisors, may not actively represent or speak for their respective parties.

6. If a fraternity or sorority fails to appear at a hearing after being given proper written notice, the evidence in support of the charges shall be presented, considered, and the case adjudicated in the organization’s absence.

7. The outcome of Board judicial proceedings may be shared within the University with other faculty, staff, students or administrators or their agents or representatives, where such disclosures serve a legitimate educational purpose.

8. The agenda for a typical hearing includes:

a. Introductions

b. Explaination of procedures

c. Reading of the charges

d. Statements and questioning

e. Closing statements

f. Adjornment of hearing (all parties excused)

g. Deliberation in closed session of Board

C. Deliberation:

1. After the closing statements, all persons present except the members of theBoard and GAFSL shall leave the room.

2. The Judicial Board will make recommendations regarding responsibility and applicable sanctions to the ADFSLappropriate sanctions.

3. The Vice President of Judicial will vote on judgments only to break ties.

4. If the Board finds the chapter not responsible for violating policy it will share its rationale and when appropriate, an opinion of the committee.

5. In the event that the chapter is found responsible, the Board members hearing the case shall determine sanctions at that time, except under unusual circumstances, in which case the sanction will be determined as soon as possible.

6. The Board will use the following criteria for determining sanctions.

a. The category of the violation: Greek Policy only, Greek and Univerity Policy, or exclusively University Policy.

b. The severity of the infraction.

c. The accused organization's previous conduct and overall public relations over the previous two-year period. (Records and correspondence related to this history will be coordinated by Chair and Advisor to the Board.)

d. The individual or organization's compliance with hearing procedures.

D. After the Hearing

1. The Board’s findings and sanction recommendations will first be transmitted to the ADFSL and later to the IGC.

2. The ADFSLwill either approve the sanctions or, depending upon the circumstances of the case, alter them as s/he deems appropriate.

3. The parties involved will be notified of the decision in a timely manner after the ADFSLreviews the decision. In addition, the appropriate Governing Council will also be notified as to the final decision of the case subsequent to the organization’s notification.

4. If it is determined that the violation is the result of an individual’s action versus the organizations’ actions the Board may recommend the responsible individual be referred to the Dean’s Discipline process for an individual hearing. Dean’s Discipline outcomes will not be shared with the chapter or the Board.

V. Sanctions

The Board has the power to recommend one or a combination of the following sanctions after a hearing:

• Warning-The Board’s decision letter serves as a formal written warning for the chapter to abide by the policy and all other policies in the future.

• Censure-A repeat violation or more severe violation of policy where the Board implies risk of a more severe penalty if any future violations occur.

• Letter of Apology- The Board expects a written apology from the responsible organization within a specific time frame. A copy of the letter must be submitted to the Board.

• Full Payment or Restitution- The Board requires full payment or restitution from the responsible organization to cover damages or the loss of chapter property. A deadline for payment must be established. Documentation of payment must be submitted to the Board.

• Community Service by the responsible organization. The Board must detail the type and number of hours in their decision letter. A deadline for completion of community service must be included.

• Educational Program/Project- In an effort to help the chapter learn more about the issue of the case/policy violation the chapter must provide its members and the community with speakers, programs and/or workshops to educate the members on a specific issue. The Board must state the details of the program/project and provide a deadline for completion.

• Social Probation- This sanction is applied as a result of a breach of specific event and/or risk management guidelines. Probation is effective immediately and remains through the date specified by the Board. During the term of the probation, should the fraternity/sorority violate any of the social policies, action will be taken appropriate to the level of the new violation, but will include no less than one full semester of social suspension. Social Probation will remain in the organization’s disciplinary record.

• Social Suspension- Social Suspension is effective immediately and remains in effect through the date specified by the Board. During the term of the social suspension, the chapter will hold no social functions of any nature. Social functions shall be further defined and include, but is not limited to: on-campus or off-campus parties, social activities with other fraternities/sororities, game day tailgating, block seating at sporting events, date functions, formals/semi-formals, etc. Social Suspension shall not include philanthropic events, business functions, community service or intramural sports. New member recruitment and new member programs may be restricted as well. Furthermore, this Social Suspension will remain in the organization’s disciplinary record

• Warning Status of Recognition- The Board may recommend a chapter’s Recognition Status change as a result of policy violation. Warning Status describes a situation in which certain educational sanctions or conditions are levied against the chapter. The Board will determine the length of warning status period. If a chapter is placed on Warning Status three times within a five-year period, the fourth offense will automatically result in a minimum sanction of Probationary Recognition.

• Housing Probation- The Board may place a chapter on Housing Probation for failure to meet the requirements of the Chapter Residence Expectations or for Housing Policy violations. The Board will determine the length of the probationary period and must indicating deficiencies in specific areas and require specific progress in deficient areas during the current academic year or other specified time frame to continue housing privileges.

• Probationary Recognition- The Board may recommend a chapter’s Recognition Status change as a result of policy violation. Probationary Recognition signifies that the chapter has failed to abide by Fraternity and Sorority Life policies, University standards, codes or guidelines, and/or has failed to comply with the procedures and criteria outlined in the Recognition Policy. This action constitutes a change in status where the organization is no longer in good standing with the University. The chapter is permitted to retain recognition at the University, but under certain stated conditions depending upon the nature of the violation and upon the potential learning value that may be derive from such a restrictive measure. To be restored to full recognition, the chapter must fulfill certain expectations as detailed by the Board within a specified time frame. Probationary Recognition is effective immediately and through a time frame set by the Board. No official activities may be hosted by the chapter through the term of the probation.

Failure to meet the expectations of the Board while on this probationary status the chapter will likely suffer more significant disciplinary consequences, up to and including Rescission of Recognition. Official notification of Probationary Recognition will be shared in writing with the chapter, alumni advisor, and national organization.. If a chapter is placed on Probationary Status three times within a five-year period, the fourth offense will automatically result in Rescission of Recognition. Conduct Probation will remain in your organization’s disciplinary record

• Loss of Housing- The Board can recommend to the Dean of Student Affairs or his/her designee that a chapter’s housing privilege be revoked. Housing privileges can be revoked without loss of recognition.

• Rescission of Recognition- Should a chapter fail to meet the recognition criteria or the expectations set forth by the appropriate designee for its period of probationary or provisional recognition; or when there has been a history of multiple disciplinary actions, behavior problems, and/or non compliance with policies; or for any other significant reason that has been deemed to be seriously detrimental to the safety and well being of Columbia students; the mission and goals of the University and its relationship to the community; and/or the integrity of Columbia’s fraternity and sorority system, recognition of the organization can be rescinded with a recommendation made to the Dean of Student Affairs or his/her designee. Chapters not recognized by Residential Programs-Fraternity & Sorority Life must cease all activity, dissolove as a chapter and are prohibited from occupying university-owned fraternity/sorority houses. Chapters who have lost recognition must wait at least two year from rescission to applying for recognition again. Official notification of Rescission of Recognition will be shared in writing with the chapter, alumni(ea) corporation, national organization and other appropriate University officials.

VI. Appeals

Any organization that has been found responsible by the Board may submit an appeal, by writing to the Senior Associate Director of Residential Programs within 48 hours of notification of the board's verdict,. There are three grounds upon which an appeal of the decision may be made. An organization may request a review of the decision if:

• They have new information, unavailable at the time the hearing

• They have concerns with the process that may change or affect the outcome of the decision

• They feel that the sanction issued is too severe.

The decision of the Senior Associate Director is final.

VII. Roles of Judicial Chair, Recorder, & Administrators

A. The responsibilities of the Judicial Chair as they pertain to the judicial process are to:

1. Assist the ADFSL in investigating reports of alleged misconduct.

2. Assist the ADFSL in resolving complaints.

3. Suggest an informal resolution meeting to the ADFSL when a Board hearing is not practical or warranted given the nature of the chapter violation.

4. Present information to the Board. Make procedural rulings.

5. Coordinate Board hearings and appeals, including mailing notices of complaints to the chapter president.

6. If the Chair’s chapter is involved in an incident before the Board, the judicial responsibilities as they pertain to that case shall be assumed by Vice-Chair (recorder).

7. Approve Board Minutes.

8. Prepare a written decision regarding the Board’s findings of fact, the outcome of the hearing, and the rationale for the decision.

9. Forward the written decision to ADFSL within forty-eight (48) hours following the hearing.

B. The role of the Recorder

1. Take minutes during the hearing

2. Prepare and update a summary of the Board’s activity and forward it to the ADFSL on a monthly basis.

3. Notify chapter presidents when a chapter neglects to complete a Board sanction and indicate that a follow-up hearing and additional sanction may be imposed if the chapter fails to comply with the sanction.

C. The role of the ADFSL and his/her designee are to:

1. Inform all fraternities and sororities of relevant Greek policies, University regulations and expectations, and applicable local, state, and federal laws.

2. Consult with the Vice President for Judicial to determine whether a case is to be resolved informally via an administrative meeting or whether it is to be referred to the Board.

3. Investigate all complaints regarding fraternities and sororities.

4. Train, assist and advise the Vice President for Judicial in the performance of his or her responsibilities and consult with the VP Judicial regarding the Board’s decision. No Board process, including hearings, may be conducted without the knowledge of the ADFSL.

5. The Chair of the Board will consult with the ADFSL regarding the Board’s decision. In the event that a chapter appeals a Board finding, the matter will be referred to the Senior Associate Director of Residential Programs.

6. Advise all chapters regarding the judicial process.

7. Serve as advisor to the Board.

8. Maintain appropriate records in the Office of Residential Programs-Fraternity and Sorority Life.

9. Assist in dealing with fraternity or sorority complaints, including Public Safety, Community Development, the Office of the Judicial Affairs, and the Dean of Student Affairs.

10. Refer matters of individual behavior to the Office of Judicial Affairs.

D. The role of the Associate Dean of Student Affairs and the Dean of Student Affairs or his/her designee are outlined below:

In exceptional situations the Associate Dean of Student Affairs and/or the Dean of Student Affairs may serve as the appeal officer or make the final decision in a judicial matter in the event that a serious violation of one or more of the Greek policies has occurred, where a possible outcome of the judicial process may be to remove the chapter’s housing or University Recognition. The decision of the Associate Dean of Student Affairs or Dean of Student Affairs is final.

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